Arvin_H1
08-19 02:33 PM
If you reappeal I think until the decision comes you are okay. But I'm
not sure if you can work. Need to check with an attorney.
If your job description need to match the degree you should be fine.
Did you submit a credential evaluation? I think if both of the above
things are okay, you should be through.
If I were you I will contact an attorney, like Sheela or Rajiv who
knows what they are doing.
babu
Thank you all for your advices.
As this is my H1 extension, my credential evaluation done with first H1 process itself. and, my I-94 also expired in Sept'07.
Does anyone know any good attorney that i can contact and take more suggestions on my issue..?
not sure if you can work. Need to check with an attorney.
If your job description need to match the degree you should be fine.
Did you submit a credential evaluation? I think if both of the above
things are okay, you should be through.
If I were you I will contact an attorney, like Sheela or Rajiv who
knows what they are doing.
babu
Thank you all for your advices.
As this is my H1 extension, my credential evaluation done with first H1 process itself. and, my I-94 also expired in Sept'07.
Does anyone know any good attorney that i can contact and take more suggestions on my issue..?
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meridiani.planum
11-19 02:21 AM
inline...
I have H1 visa and my company started processing my GG. They published some ads, and in August applied for the LC. It turned out that they used EB3. They said that LC would be ready by February next year. Then it will take 4 years minimum for other steps. I was very surprised that I was EB3 but not EB2.
I have couple of questions:
1. How long does it take if to process it using EB3... 4 years, 5 years?
--its going to take 2-3 years before you can file,then another couple of years perhaps. So yea 4-5 years
2. How long does it take if to process it using EB2? I am from Russia.
--if EB2 remains current (it has inthe past, andwill likely remain current in the future also) say an year or 18 months. Thats been the typical time, and also processing dates cameout today and NSC is for instance claiming they are now doing July 2007 cases
3. Is it possible to switch to EB2 somehow?
--u will need to redo the LC stage.
4. If I apply one more time now using Eb2, would it be faster? I will lose time for LC processing.
--see below
5. At what step of GC processing can I change a compamy that I work for?
--6 months after filing the I-485. safer to wait for teh I140 to also be approved by that point. (the law says your I-140 must be 'approvable'. I-140s are taking 12-18 months
If I were in your place, I would drop this LC and file the one in EB2 asap.
I have H1 visa and my company started processing my GG. They published some ads, and in August applied for the LC. It turned out that they used EB3. They said that LC would be ready by February next year. Then it will take 4 years minimum for other steps. I was very surprised that I was EB3 but not EB2.
I have couple of questions:
1. How long does it take if to process it using EB3... 4 years, 5 years?
--its going to take 2-3 years before you can file,then another couple of years perhaps. So yea 4-5 years
2. How long does it take if to process it using EB2? I am from Russia.
--if EB2 remains current (it has inthe past, andwill likely remain current in the future also) say an year or 18 months. Thats been the typical time, and also processing dates cameout today and NSC is for instance claiming they are now doing July 2007 cases
3. Is it possible to switch to EB2 somehow?
--u will need to redo the LC stage.
4. If I apply one more time now using Eb2, would it be faster? I will lose time for LC processing.
--see below
5. At what step of GC processing can I change a compamy that I work for?
--6 months after filing the I-485. safer to wait for teh I140 to also be approved by that point. (the law says your I-140 must be 'approvable'. I-140s are taking 12-18 months
If I were in your place, I would drop this LC and file the one in EB2 asap.
sweet_jungle
12-30 01:17 PM
What you are saying may be logically correct, but USCIS needs the proof on paper. USCIS needs I-140 approval notice to give you 3-year H1B extension. You can try without that, but not gauranteed anything. Same with I-140 applying also, they need original copy of labour approval to file I-140. USCIS has proper application rejection procedures for all this. May be they are not having proper Approval procedures, but they do have proper Rejection procedures depending on documents required to file something.
So finally, you have to get I-140 approval notice, otherwise they won't grant 3-year H1B extension.
Requirement of labour approval is different. That comes from a different agency, DOL. For I-140, USCIS will be able to get all the information by entering case number. They should be able to link everything with the alien registration number.
Anyways, if for first time, I get 1 year extension, then for next time, my G-639 should come through. H-1 costs are borne by companies, so, should not matter.
So finally, you have to get I-140 approval notice, otherwise they won't grant 3-year H1B extension.
Requirement of labour approval is different. That comes from a different agency, DOL. For I-140, USCIS will be able to get all the information by entering case number. They should be able to link everything with the alien registration number.
Anyways, if for first time, I get 1 year extension, then for next time, my G-639 should come through. H-1 costs are borne by companies, so, should not matter.
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nefrateedi
08-29 12:28 PM
Thank you nefrateedi,
My concurrent filing of I-140 and 485 was filed on August 17th, 2007.
Is it not after July 30?...that you could submit to either to Nebraska or Texas?
Is it ok like this?
Thank you again.
USCIS had issued a Direct Filing Update which stated that if the application was filed after July 30, it would have to be filed at the center which has jurisdiction over the state the applicant lives in, which in your case is Massachusetts.
USCIS has been transfering a lot of applications between the various service centers lately due to the July fiasco. Based on reports from the Ombudsman, USCIS is trying to avoid any unnecessary rejections, and take a more 'customer service' based approach, so hopefully you will be ok, and they'll just transfer the case to the appropriate service center.
I'm not a lawyer by any means, so please use this advice at your own discretion.
Good luck!
My concurrent filing of I-140 and 485 was filed on August 17th, 2007.
Is it not after July 30?...that you could submit to either to Nebraska or Texas?
Is it ok like this?
Thank you again.
USCIS had issued a Direct Filing Update which stated that if the application was filed after July 30, it would have to be filed at the center which has jurisdiction over the state the applicant lives in, which in your case is Massachusetts.
USCIS has been transfering a lot of applications between the various service centers lately due to the July fiasco. Based on reports from the Ombudsman, USCIS is trying to avoid any unnecessary rejections, and take a more 'customer service' based approach, so hopefully you will be ok, and they'll just transfer the case to the appropriate service center.
I'm not a lawyer by any means, so please use this advice at your own discretion.
Good luck!
more...
rjgleason
October 23rd, 2005, 04:39 AM
Count me in.....I lived for a couple of years in Walnut Creek and commuted to SFO (California Street) It would be great to meet our West Coast'ers
knowDOL
05-22 09:30 AM
I don't think there is any clause related to NON-RIR or RIR or PERM labor when it comes to 7th year extension according to yates memo. Once your application has been filed 365 days before and if you have a case number assigned you can use that case number to show USCIS that your labor was indeed pending for 365 days. Since you already approved for 7th year extension and looking for 8th year extension you have no problem and with the new employer you can get 8th year extension plus H1 transfer together.
Look at the following url's for detailed information.
http://www.murthy.com/news/n_yath1b.html
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Look at the following url's for detailed information.
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newuser
04-13 12:23 PM
Recently travelled through EWR using AP without any issues. No questions asked. Only issue was the wait time in the secondary inspection room. There were about 25-30 people waiting infront of me. It took one hour 30 mins to finish the process at the secondary inspection room.
On a side note, if you are travelling through Frankfurt airport, don't buy liqour either in US or India b'coz the security people won't allow liqour bought on non-European countries and non-european airlines.I have to throw away the stuff in the airport.
On a side note, if you are travelling through Frankfurt airport, don't buy liqour either in US or India b'coz the security people won't allow liqour bought on non-European countries and non-european airlines.I have to throw away the stuff in the airport.
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mwin
12-17 01:05 PM
I am pretty sure $10,000 is limit while coming into USA. While going to India, the limit is much less, about Rs.12,000 or so (check with some Indian websites). I know, you need declare (for Tax purposes) if you carry more than this amount. I don’t know tax liability of this declarion. Also, the amount varies on the purpose and duration of abroad trip.
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alisa
05-25 07:09 AM
I hope you are right. I hope the visa dates move forward by another year in the next two or three months (atleast for EB3 ROW). But it is unlikely. (Maybe, if the backlog reduction centers are shut down, it might be a possibility)
I am under the new points based system however. My wifes is still in the old system (EB3 ROW.)
BTW, for India, 10% of 90K would be 9K. Not any different than what was in 2006.
The PDs probably moved because they didn't want to lose visa numbers, like they lost the 11K visa numbers. So now, with such a huge advance, they are guaranteed an unending supplly of petitions for a long long time.
I hope I am wrong, and you are right, and the PDs continue to move forward.
But it doesn't seem likely. Nothing has changed fundamentally.
One example is how PD moved 2 years suddenly. For that also some people will negative spin that PD will move back years. I bet that at least 3 months it will not move back. All the calculations were over estimations. 90k increase + 3% country quota will make lot of difference. It means more than double number compared to current numbers for India. It wll make sure that PD will move 1 to 2 year forward.
I am under the new points based system however. My wifes is still in the old system (EB3 ROW.)
BTW, for India, 10% of 90K would be 9K. Not any different than what was in 2006.
The PDs probably moved because they didn't want to lose visa numbers, like they lost the 11K visa numbers. So now, with such a huge advance, they are guaranteed an unending supplly of petitions for a long long time.
I hope I am wrong, and you are right, and the PDs continue to move forward.
But it doesn't seem likely. Nothing has changed fundamentally.
One example is how PD moved 2 years suddenly. For that also some people will negative spin that PD will move back years. I bet that at least 3 months it will not move back. All the calculations were over estimations. 90k increase + 3% country quota will make lot of difference. It means more than double number compared to current numbers for India. It wll make sure that PD will move 1 to 2 year forward.
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GEEGEE
07-24 10:10 PM
Hello,
I too have the same problem, have sent the documents for filing I-485, mostly it will be filed before 17th Aug 2007. My passport is expiring on Dec 2007. I had sent it for renewal.
Will that be ok to file I-485 with old passport which would be expiring in Dec 2007?
thanks..
I too have the same problem, have sent the documents for filing I-485, mostly it will be filed before 17th Aug 2007. My passport is expiring on Dec 2007. I had sent it for renewal.
Will that be ok to file I-485 with old passport which would be expiring in Dec 2007?
thanks..
more...
GCDo
04-25 01:45 AM
I never heard of this...what crap it is.?:eek:
Checked with my company lawyer. According to them it is a separate document from marriage certificate.
I applied for GC only after getting married , so right from the beginning my passport etc has my wifes name in it. What caused this RFE still baffles me.
I am not sure how will I get this document sitting in USA within 2 weeks.
Is there any other alternative ? Has any one faced with this kind of RFE and has given
some substitute for "Memorandum of marriage"
Checked with my company lawyer. According to them it is a separate document from marriage certificate.
I applied for GC only after getting married , so right from the beginning my passport etc has my wifes name in it. What caused this RFE still baffles me.
I am not sure how will I get this document sitting in USA within 2 weeks.
Is there any other alternative ? Has any one faced with this kind of RFE and has given
some substitute for "Memorandum of marriage"
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Pagal
02-02 02:33 PM
:) Yes, one of the founding principles of USA "No taxation without representation" has gone down the drain for all 'temporary' workers...
Some countries have tax treaties with USA whereby, their citizens are not required to pay medicare/social security taxes, wonder if India can have such a treaty...
Some countries have tax treaties with USA whereby, their citizens are not required to pay medicare/social security taxes, wonder if India can have such a treaty...
more...
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centrum
09-25 07:48 PM
You might have recevied I-94 at POE when you entered in USA with H1B visa (or it may be part of your h1b approval notice) For H1b extension, you need to attach the copy of the latest I-94. I dont think you need to attach copy of passport, when you extend H1B status or I-94 with in USA.
Yes, it was a part of my approval notice. I just looked at the I-94, and it says that the expiration is same as the H-1B visa. So I'm guessing I should have no problem to go through H-1B extension, PERM, and green card application with an expired passport as long as maintain legal status and don't leave the country, right?
I'm glad I asked on this site first before I enrolled at a random graduate school.
Yes, it was a part of my approval notice. I just looked at the I-94, and it says that the expiration is same as the H-1B visa. So I'm guessing I should have no problem to go through H-1B extension, PERM, and green card application with an expired passport as long as maintain legal status and don't leave the country, right?
I'm glad I asked on this site first before I enrolled at a random graduate school.
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a_yaja
06-21 03:10 PM
Congratulations!!!!!
Would you plz confirm us on the Birth Certificate?
Me & my husband got our Birth Certificates in 2005 with all the correct birth details. Do you think we might still need affidavits for Late Registration of Birth?Please throw some light on this as there's lot of confusion going on this.
My BC was issued in 1980 and my DOB is 1974. However, my BC (issued by govt. of Mysore - Bangalore then was part of Mysore then) has a "registered" date as 1974. My lawyer said that since the registered date is 2 days after my birth, there is no problem with the BC.
Would you plz confirm us on the Birth Certificate?
Me & my husband got our Birth Certificates in 2005 with all the correct birth details. Do you think we might still need affidavits for Late Registration of Birth?Please throw some light on this as there's lot of confusion going on this.
My BC was issued in 1980 and my DOB is 1974. However, my BC (issued by govt. of Mysore - Bangalore then was part of Mysore then) has a "registered" date as 1974. My lawyer said that since the registered date is 2 days after my birth, there is no problem with the BC.
more...
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coolfun
03-31 03:08 AM
Hi,
As with many of the people around, my wife got her SSN last year. She has started working as a consultant on 1099 since early Jan 2008. So, there is no issue for the 2007 tax return. However, I have few questions regarding the estimated tax payment this year. Since this is the first time we have come across 1099 based employment, we are very confused about how to pay taxes.
As her employment is based on 1099, the employer is not deducting any taxes. I got the 1040-ES form from IRS website. These are the specific questions:
1. Does the Estimated tax voucher need to be sent in joint names? We file joint returns together but I work on W-2 and she works on 1099.
2. Does 1040-ES form need to be used for all the estimated Federal payments (Federal Tax + SSN Tax + Medicare Tax)? Or there are separate forms for sending the SSN and Medicare taxes?
3. I live in California so I will need to use 540-ES as well for the CA state tax payment, correct?
Thanks a lot for your help.
Regards.
As with many of the people around, my wife got her SSN last year. She has started working as a consultant on 1099 since early Jan 2008. So, there is no issue for the 2007 tax return. However, I have few questions regarding the estimated tax payment this year. Since this is the first time we have come across 1099 based employment, we are very confused about how to pay taxes.
As her employment is based on 1099, the employer is not deducting any taxes. I got the 1040-ES form from IRS website. These are the specific questions:
1. Does the Estimated tax voucher need to be sent in joint names? We file joint returns together but I work on W-2 and she works on 1099.
2. Does 1040-ES form need to be used for all the estimated Federal payments (Federal Tax + SSN Tax + Medicare Tax)? Or there are separate forms for sending the SSN and Medicare taxes?
3. I live in California so I will need to use 540-ES as well for the CA state tax payment, correct?
Thanks a lot for your help.
Regards.
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satishku_2000
07-21 01:28 PM
Thank you katrina for your response.
My fear is that if I have an interview, I would fall to pieces and get so nervous to answer questions.
I also wonder if my entries from 1986 will show up when they check the records.
I think you can take your attorney to interview , If at all you have an interview. If you were never out of status since your last entry you should be good BTW whats your PD?
My fear is that if I have an interview, I would fall to pieces and get so nervous to answer questions.
I also wonder if my entries from 1986 will show up when they check the records.
I think you can take your attorney to interview , If at all you have an interview. If you were never out of status since your last entry you should be good BTW whats your PD?
more...
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nixstor
11-01 03:43 PM
My brother is a Physical Therapist. His employer filed I485/I140 concurrently last week. His I140 was not filed under premium processing as the employer said that it is a waste of money as the GC will not come in a months time ( as the retrogression took place from Nov 2006). But then would he get his EAD or not? Any thoughts please?
Yes, he will get his EAD. His 485 will not be adjudicated until his PD is current. 140 Preimum doesnt do any help for your brother. He should get his EAD in approx 90 days from the date of receipt.
Can you request your brother to sign up on IV after his work at his facility? Every member counts!
Yes, he will get his EAD. His 485 will not be adjudicated until his PD is current. 140 Preimum doesnt do any help for your brother. He should get his EAD in approx 90 days from the date of receipt.
Can you request your brother to sign up on IV after his work at his facility? Every member counts!
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i99
08-30 06:25 PM
Sayanora,
Thanks, I will let know if I get anything better.
:)
Thanks, I will let know if I get anything better.
:)
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vrbest
09-09 10:42 AM
Looks like you missed to check it before you went thru hospital. It is always advisable to apply Birth Certificate thru Hospital and apply SSN yourself at the SSN office.. This way you will get your SSN within 2 weeks of you applying SSN. Many times hospital staffs explain this unfortunately you did not get this msg.. You can call SSN office and see if you can get SSN over phone.
Good Luck!
Thanks for your responses. The hospital staff told us it would take 60-90 days to get the SSN. I am stuck until that arrives because only then can I apply for the passport. Any way to get around it?
Good Luck!
Thanks for your responses. The hospital staff told us it would take 60-90 days to get the SSN. I am stuck until that arrives because only then can I apply for the passport. Any way to get around it?
pal351
05-05 04:34 PM
You will get your GC before your AP and EAD for sure. You missed the 2 year EAD and AP man. ;)
You mean , if we renew our EAD will they will give for 2 Years?? confused..
Thaks,
Pal
You mean , if we renew our EAD will they will give for 2 Years?? confused..
Thaks,
Pal
samcam
05-18 04:08 PM
As of now, we have 72 guests and 494 members online. I understand that some of the guests are already members and have just not logged in. But this is a call for all the guests who have not registered themselves as members to register and possibly contribute. Registration takes less than 5 minutes. Also as a registered member you have access to a live thread with the commentary from the senate session (which I feel is really awesome!!). So come join the IV registered users and help us increase the member count to 4000+ and enjoy the live senate session commentary!
Here is a link to the senate session commentary thread...
http://immigrationvoice.org/forum/showthread.php?t=873
Here is the link to register..
http://immigrationvoice.org/index.php?option=com_vbridge&Itemid=41&file=register.php
Why should you register?
Simple reason, you get access to the members only forums.. Very informative.. Also, only way to help yourself is by helping a bigger cause.. come join us and contribute!!
I have attached a screenshot of the members only forums... Take a look!
Here is a link to the senate session commentary thread...
http://immigrationvoice.org/forum/showthread.php?t=873
Here is the link to register..
http://immigrationvoice.org/index.php?option=com_vbridge&Itemid=41&file=register.php
Why should you register?
Simple reason, you get access to the members only forums.. Very informative.. Also, only way to help yourself is by helping a bigger cause.. come join us and contribute!!
I have attached a screenshot of the members only forums... Take a look!
